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Rights
Similar to all adults, older people may face problems with various consumer issues, including predatory lending, contracts, credit buying, lost or stolen credit cards, identity theft, bad credit ratings, billing errors, collection agencies, door-to-door sales, mail order merchandise, unordered merchandise, telemarketing sales, unscrupulous practices (e.g., bait and switch, pigeon drop), home repairs, health quackery, and consumer remedies. Even though consumer-protection laws and pro-consumer court decisions are on the increase, older adults need to be well-informed of their rights.
The Federal Truth-in-Lending Act requires creditors to tell consumers what the total cost will be.
In a survey conducted by the Texas Department on Aging (now called the Texas Department on Aging and Disability Services), 13 state agencies reported 16 programs that provide older Texans with consumer information related to fraud and other deceptive practices. Most of the programs target the general population, while five of the programs have specific outreach programs for older Texans. For example, the Consumer Protection Division of the Texas Attorney General's Office works to identify and aggressively prosecute those who cheat or deceive older adults. The division files lawsuits under the Deceptive Trade Practices Act and helps resolve disputes between consumers and businesses. The Consumer Protection Division focuses its efforts on:
- Advertisement and sale of insurance and retirement-oriented investments, financial planning services, estate planning, and legal services directed at senior Texans;
- Advertisement and sale of home improvements, medical devices and other services and products that target seniors; and
- Telemarketing and mail fraud aimed at senior citizens.
Federal laws prohibit discrimination against anyone because of age. These laws cover employment, federal programs, and obtaining credit. Discrimination in employment can take many forms such as termination, demotion, or denial of employment. The Age Discrimination in Employment Act prohibits workplace age discrimination against people who are at least 40 years old. While there is generally no upper age limit, employers can set mandatory retirement policies for executives 65 and older who are entitled to pensions of $44,000 or more.
It is illegal for programs receiving financial assistance from the U.S. Government to discriminate against a person because of their age.
The Equal Credit Opportunity Act forbids discrimination against a credit applicant, not only on the basis of age, but also sex, marital status, receipt of public assistance benefits, race, color, national origin, or religion. Age may not be used as the basis for a decision to deny or decrease credit if a person otherwise qualifies.
Updated: October 21, 2009